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HomeMy WebLinkAboutPB-06/24/1974 PLANNING BOARD MEMBERS John Wiekharn, Chairman Henry Mo,Isa Alfred Grebe Henry Rayno~ Frank Coyle Sou%hold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 MINUTES SOUTHOLD TOWN PLANNING BOARD June 24, 1974 A regular ~eting of the Southold Town Planning Board was held at 7:30 p.m., Monday, June 24, 1974, at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. John Wic~ham, Chairman; Henry Moisa, Vice-Chairman; Henry Raynor andAlfred Grebe. Mr. Coyle was not in attendance. Slee~y Hollow. Gary Olsen, Esq. and Leo Kwasneski appeared. The following letter dated June 12, 1974 to the Superintendent of Highways was read. Dear Mr. Dean: Please let this confirm that Leo Kwasneski and I met with you and Martin Surer and Lou Demarest (of the Highway Committee) at the subdivision site at 9:30 a~m. this morning to review the drainage issues. Let this confirmthat both you and the H~ghway Committee agreed that c~bs should be eliminated, that there should be a 36 foot paved raad and~ two 6 foot wide: d~pressed shouiders'on each side of the road for water runoff~with the low point being 6 inches below the elevation of the edge of the paved road. The other drainage provisions as set forth in Van Tuyl's. "Road Profile" survey, dated Dec. 7, 1973 would also be provided. Also, the map should reflect a 100' turnabout at the southerly end of Grissom Lane. You indicated that this matter would be taken up before the Town Board by you at the next meeting for approval. Planning Boated -2- ~j June 24, 1974 Thank you for your cooperation. /s/ Gary Flanner Olsen The following letter dated June 17, 1974 to the Planning Board was read. Gentlemen: On June 12, 1974, at the site, the Highway Committee and I reviewed the subdivision of Sleepy Hollow, Southold, New York, and approved of the drainage and road(s). /s/ Raymond C. Dean Superintendent of Highways Mr. Wickham also read a letter from Mr. Van Tuyl dated May 14, 1974 regarding drainage which is contained in the minutes of the meeting of May 15, 1974. Mr. Wickham asked Mr. 01sen if he had had a meeting with Charles Barnett of the Soil and Water Conservation District. He replied in the negative, that he had cancelled his appoint- ment after receiving the favorable recommendation of the High- way Department and the Highway Committee. Mr. Wickham: I met with him and he felt the topography was good and he did a water calculation in my presence and said there would be very little se~tlemen~ of water contributed to the highway even with a six inch rain. On the other hand, we need a cross-section sketch to conform to your letter. We need it in our files to approve with the map. I suggest you get a sketch from Charlie Barnett. On motion made by Mr. Moisa, seconded byMr. Grebe, it was RESOLVED to direct Lawrence Tuthill, P. E. to prepare a bond estimate for the roads in the subdivision Sleepy Hollow, owned by Leo Kwasneski and located at Southold, New York. Vote of ~e board: ~es: Wickh~, Moisa, Raynor, Grebe. %%% Oregon View. Gary Olsen, Esq. appeared. Mr. Wickham read the following letter dated June 17, 1974 to the Planning Board. Gentlemen: On June 12, 1974, at the site, the Highway Committee and ~ reviewed the subdivision of Oregon View Estates, Cutchogue, New York, and approved of the drainage and road(s). /s/ Raymond C. Dean Superintendent of Highways Planning Bo~d -3- Jun~_~4, 1974 On motion made by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED to direct Lawrence Tuthill, P.E. to prepare a bond estimate for the roads in the subdivision Oregon View, located at Cutchcgue, New York. Vote of the board: Ayes: Wickham, Moisa, Raynor, Grebe. Mr. Wickham: We will want a copy of this restriction of the driveways that they be put as far away from the County Road as possible. Mr. 01sen: We will put it on the lot. Could you give me a letter authorizing construction of the roads. I told my client before doing anything to get something from the Planning Board to start the roads. Mr. Wickham: We will have the secretary write you a letter saying that since you have received preliminary approval and have gotten approval of the roads and drainage, you can start your roads. Casola. (Laurie Properties) Gary 01sen, Esq. ~ppeared. Mr. Olsen: The last time I appeared was April 30th and the Board said they would approve on four conditions which I think have been met. They are that restrictions should be filed by the subdivider. I have received a letter from Robert Tasker dated June llth indicating that ~eehas advised Mr. Wickham last week that he has reviewed the covenants and restrictions and he agrees to them as to form. I am now submitting the original covenants and restrictions and request that the Board send me a letter indicating that the same has been approved. Mr. Wickham: I have here a copy of the covenants and restrict- ions. On the second page it says: NOW, THEREFORE, LAURIE PROPERTIES, INC., declares that the aforesaid land is held and parcels created therefrom shall be conveyed subject to the following protective Covenants and Restrictions: 1. The purchasers of each parcel within the minor sub- division as approved by the Southold Town Planning Board on the day of , 1974, which is annexed hereto and made a part hereof, are hereby put on notice that before commencing construction of a single family residence, approval first must be obtained from the Suffolk County Department of Health, and all applicable standards of the Suffolk County Department of Health that may be in existence from time to time must be complied with, which requirements will, in all likelihood, require the necessity of adding fill to raise the grade where Planning Boated -4 .... June 24, 1974 the leaching pools will be installed. Furthermore, said purchasers ~rmst meet said Department's minimum firs~ floor elevations above ground wate~ sufficient to ensure the installa- tion of a suitable sewerage disposal system. 2. That the area designated as Lots 1 and 2 on said minor subdivision shall not be re-subdivided without prior approval of the Southold Town Planning Board. 3. That the area shown as open space on said minor subdivision containing 4.385 acres shall remain as open space and no buildings, structures, excavations or other improvements shall be constructed upon same without prior approval of the Southold Town Planning Board. The questions of increasing the drainage on the corner of Orchard Street and Narrow River Road was brought up and Mr. 01sen said he will take it uD with his client and Mr. Dean. Mr. Olsen presented the original signed copy of the covenants and restrictions. Louis Hodor, Arshamomaque. Gary O!sen, Esq. appeared. Mr. Wickham: The proposed business site on the map will require a change of zone. Mr. 01sen: Let's make the subdivision Section I and the proposed business site Section II. What is the Planning Board's philosophy on clustering? Is it something you want to encourage or not? Is it the County that discourages it? Mr. Wickham: You might not have any problem because this has municipal water. When it is not municipal water, they just say no. Mr. Raynor: I would like to have test borings to see how the clay strata goes. Mr. Wickham: The whole thing was farmland but it hasn't been farmed in years. On open space you need perpetual ease- menvs. We certainly encourage cluster development in a case like this where municipal water is available and it would probably go through. Mr. Raynor: I would say the design is good. Mr. Wickham: You have to get at least an unofficial committ- ment from Jim Monsell that Greenport will supply the water. We will submit it to Barnett of the Soil &Water Conservation to gethis recommendations. If you caunot get municipal water you are out as far as the county is concerned for the fore- seeable future. Planning Boated -5- --~ June 24, 1974 Mr. 01sen: If Mr. Monsell tells me there is no likelihood, I will then submit a conventional design. Mr. Wickham: We would prefer to have it clustered. Cardinale. Referral from the Board of Appeals. To Mr. Wickham, Chairman The propertyunder application consisvs of a parcel 100 feet in width on Peconic Bay Boulevard. It is approximately 550 feet in length extending to Peconic Bay, and consists of 1.17 acres. Prior to zoning the applicant constructed two houses on this property as shown on the survey attached to the applica- tion. A family situation exists which they would like to resolve at this time by the subdivision proposed on the attached survey. In granting variances ofuundersized lots the Appeals Board is required to consider the characver of the surrounding area. In this case, the land immediately to the east was divided into four presently undersized lots of approximately one half acre each. Across the street, on the north side of Peconic Bay Boulevard, are a number of undersized parcels ranging from one quarter to one half acre in size. To the west, separated by two full lots from applicant's property, there are a considerable number of undersized lots as shown on the attached tracing ~g the tax map. Accordingly, the Appeals Board views the. application favorably and has so resolved the matter subject to approval of the Planning Board. The applicant has created a road and deeded right of way for the rear lots. It seems to the Appeals Board that appli- cant's proposal is a most favorable disposition of the property. I believe that all that is required of the Planning Board is a resolution approving site plan which has been proposed by the applicant. /s/ R. W. Gillispie, Jr. Chairman, Board of Appeals Mr. Wickham: I cannot understand how they can ask for four lots when it is 1.17 acres. Mr. Cardinale: These homes have existed for over twenty-five years and the intention is to retain everything we have except the lot in the front. The land next to it is almost identical to this. There are family problems that we are trying to resolve at this time. Planning Bo~rJd -6- ~ June 24, 1974 Mr. Wickham: Our attorney tells us that blood lines are no reason to have a zoning change. Mr. Cardinale: This particular piece is a higher priced home than the main house and it is impossible to move this house at this point. It is a year-round dwelling. I don't know if you are familiar with the land. It has been maintained the very best in the entire community. Mr. Wickham:~ Why not make two instead of three? Mr. Cardinale: Because this home adjoins this one so closely so the third was proposed as a conformity factor. It is for summer use. The brothers have used it for the past 25 years. It is a case where iT is a joint use. It is under single owner- ship. Bruce Militello. Subdivision in Laurel, Aldrich Lane. Mr. Militello: I am a builder from Hampton Bays, Eastwood Homes, and I bought this for building. Mr. Wickham: You will be bonded about $100,000 per mile for these roads and you have alot of roads. Mr. Militello: That is about what I estimated. When they do a topography it will show exactly where it is and how to handle it. Mr. Raynor: If this is a natural pond, you may run into a few problems. Mr. Militello: What would you do in that case, maintain it? Mr. Wickham: Sometimes you can use it for drainage. Mr. Raynor: There is no drainage shown. Mr. Militello: Young aud Young will put it on when they do the topography. Mr. Raynor: Have you talked to anyone in the school district as to the possibility of them wanting to round out their property? Mr. Militello: No, I haven't. Mr. Wickham: With 6~ lots you are right up to the absolute maximum. Mr. Raynor: ~We will need a map showing the property area within 300 feet in any description. We will need the topo- graphy and ownership. This will enable us to get a better view of road connections, etc. It helps us make a better decision. Planning Boa~ -7- ~- June 2~, 1974 Mr. Militello: What I am looking for is to go ahead on the topography with the same general lines as this if there are no major objections. Mr. Raynor: You will have major changes with the drainage. Mr. Militello: From the knowledge from the topography and how to handle the pond. Mr. Raynor: You may find you will want the roads changes one way or the other when you see the drainage. How close is the first intersection from the Main Road? Wickham: It is just under 400 feet. We will look this over. It looks alright and you are up to the limit on your lots and I think you may want to change the road layout a little bit to get less lineal foot of highway if you can possibly do it because it looks like a large amount of roads. I don't know what you can do about it. We don't like to see people saddle themselves with a $100,000 bond. Mr. Militello: My main thoughts are to make it as appealing as can be instead of saving a few dollars. Maybe you could save 10% of the roads and maybe not have such an appealing thing. Mr. Wickham: You always have to make a balance between effi- ciency and beauty and costs. We are not the ones to say where it should be. We can only say you have to meet the require- ments of the Town of Southold. Mr. Raynor: Have you considered the alternative of cluster- ing? Mr. Militello: Two things made ~e not go along with it. The Board of Health and I would rather offer them an acre than a half acre with a big field behind them. I know it would be less in the development cost. My primary business is building and I want to make it advantageous to myself as a builder instead of just selling the property there. If I have to put a little more into it I think it will show up later as an asset. I want to build on something that will be as acceptable as possible. Mr. Raynor: As a sketch, it complies with the regulat$ons. Mr. Wickham: Some of this land to theeast has been farmed quite steadily, hasn't it? Mr. Militel~o: The majority is open. Most of this is being farmed right now. Mr. Wickham: One thing you should explore immediately is nitrates because the County Board of Health could hold you up indefinitely if the nitrates aren't within reason. Planning Boa~p~d -8- ~ June 24, 1974 Mr. Raynor: We have seen them held up as much as a year. Mr. Militello: Should I get tes~ holes prior to getting the topography? Mr. Wickham: Yes, the County does the test. The County will say we want this test well here and they will pick one of the worst spots. Mr. Militello: Would you recommend going along simultaneously? Mr. Wickham: I would do the test holes first and then if you have an escape clause you can get out of it. If this is satisfactory, then go right ahead on the topography. Blue Horizons. Jack Sherwood from Van Tuyl's office, Mr. and Mrs. Principi, Mr. Derosa and several other people appeared. The Board informed the principles that we will need a copy of the Suffolk County Department of Health report on the test wells and the water analysis. After this is received in our office, the secretary was directed to request a study by the Soil & Water Conservation District. Luglio. Cutchogue. Mr. Luglio and another man appeared. Mr. Wickham: T~u have to make up your mind what is going to be done with the proposed B zone. You can include it as residential or exclude it and hope to get the zone changed. Mr. Luglio: It was our intention to exclude it with the understanding that it may never be rezoned. Mr. Moisa: Make a Section I and a Section Ii. Mr. Raynor: You need more ingress and egress than you have for the number of lots. Mr. Wic~ham: Dalchet can't sell any more lots anyway without coming to the Planning Board or Appeals Board. I don't know where the connection ought to be but there certainly should be one here. At the same time there probably should be one out to the Main Road but the State probably won't want it. Mr. Sherwood: Assuming this zone might be changed it might be a different situation with stores or whatever. Mr. Moisa: I think it would be good planning if we could reserve a roadway to tie in between Lademann and Dobek. As long as we have the provision set forth on the map he has to go along with it. Planning Boa~ -9- ~June 24, 1974 Mr. Luglio: We were faced with the block and we didn't know what his attitude would be. Mr. Wickham: There is another thing. The Town Board is not happy about a park and playground that is wetlands. Mr. Sherwood: If we don't make it park and playground what can we do with it? Mr. Wickham~ We will probably say you are going to have to leave it anyway and provide a park and playground in some other area. You need your test wells and water analysis because this farm has been in cauliflower as well as potatoes and it contributes more to nitrates. Mr. Sherwood: We will get the test holes and the wells and we will meet with Dalchet and talk to them. Mr. Sherwood: Mr. Wickham: pl2yground. We want to know if this generally is alright. You won't be able to use your present park and Syloret. Mr. Sherwood appeared. There was a question as to the park and playground and it was decided it could stay where it was. Mr. Raynor: The only hangup is the road construction. Mr. Wickham: Our regulations say he has to take care of water 500 feet outside of his subdivision. Mr. Raynor: May I suggest that we get a letter from the Superintendent of Highways defining exactly what he wants. %%% Rod ~N Reel. Mr. Wickham: Mr. Weinstein: Michael Weinstein, Esq. appeared. Test holes will be necessary. Would this be bad for drainage. (pond) Mr. Wickham: I think so because if there is clay subsoil it will just stand there. The Town Board is currently discuss- ing minimum elevations for platable land but it wouldn,t make much difference. M~isMoisa: The only lot that would give you a problem is number 7. Mr. WGinstein: You would want water tests and subsoil tests. Planning Boa~'d -10- ~ June 24, 1974 Mr. Wickham: The County will tell you where to put your test wells. Mr. Weinstein: How about the road layout generally? Mr. Wickham: They are not unreasonable. This is another one we will want to send to the Soil & Water Conservation District for guidance. Clifford Manning. Renny Terry, Esq. and Jack Sherwood appeared. Mr. Terry: I think there was a right of way on a farm road somewhere and a right to cut wood on the westerly seven acres or something of that nature but the title company has insured everything without any rights of way to the sand pit. Mr. Sherwood: There are no subjects to in the deed to Manning as far as we know. Mr. Wickham: Howard Terry says there are two rights of way to cut wood and cut ice. Mr. Ray-nor read the subject to clause in the deed which we have to Manning. Mr. Terry: Mr. Raynor: Mr. Terry: This is outside the subdivision. Why is this included? Because when be got this property, for the benefit of this property, he was to have access to the beach. ~his pfop~y ~ha$ M~n~ning bought was one piece and I know. that this roadway was Smith's roadway and I think it was the old roadway or wood path to go to Great Pond. When Smith bought it he originally planned to put this in there, put a road across diagonally which would cut across this swamp and my recollection is that they put the road across here because there was nothing else they could use this for. Mr. Sherwood: They forgot the whole thing. Mr. Terry: You are more concerned about wheth~er anyone else had any rights of way across or through here. I don't believe myself that' these rights of way are in existence and I don't think the title companies have insured against them. I will admit that even if there is a title policy there is no guarantee. They can make a mistake like anyone else. Mr. Wickham: There is one way out of it. We could say put right on the map some place possibly subject to a right of way only to cut wood and ha~l ice. Mr. Raynor: I don't think so. Planning Bo~r~d -11- -~June 24, 1974 Mr. Sherwood: I think you are unnecessarily concerned. I don't think anyone would ever think there is a right of way. I don't think it has been in any of the deeds. I think it is Howard's recollection, perhaps, but unless it is speci- fically in the deed there is nothing to be concerned about. Mr. Raynor: If this is not included in this particular subdivision then why is it mentioned in the deed? Mr. Terry: It has nothing to do with this subdivision. He still has the right to give access to the right of way to Great Pond. Mr. Sherwood said he would send a copy of the map showing the right of way to Great Pond. James Dill minor. Renny Terry, Esq. appeared. The board looked at the map presented by Mr. Terry which conforms with the recommendations of the board. Francisco minor. George Wetmore appeared. The Board looked at the covenants and restrictions as presented and recommended that they be reworded to include no further resubdivision of this land forever. On motion made by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the preliminary map of subdivision known as "August Acres" situate in Arshamomaque, Town of Southold, Suffolk County, New York, be approved subject to the following conditions: 1. Course line be designated on Kerwin Boulevard to conform with the description. 2. Rights-of-way be shown on final map. 3. Description of property be shown as Section I exclusive of Section II. 4. 270 pipe be shown instead of 18~ pipe on Pleasant Place. 5. Approval on roads and drainage be obtained from the Southold Town Highway Committee and the Southold Town Superintendent of Highways. Planning Bo~.d -12- ~gune 24, 1974 Vote of the Board: ~es: Wic~am, Moisa, Razor, Grebe. %%% Mr. Moisa presented the following letter and petition under date of June 4, 1974 and addressed to the Southold Town Board and the Southold Town Planning Board. Gentlemen: People with a cause in a common effort present you with this petition. There is no committee - no chairman, only people whose aim is to prevent an increase in traffic and maintain the character and safety of Village Lane in the hamlet of Orient. This petition contains the signatures of many residents of Orient who are categorically opposed to any additional ingress and egress to Village Lane. Of the individuals sign- ing this petition, approximately 30 reside on Village Lane. Their names are indicated by an x. Since there is no chairman, Mr. Cyril Lukeman or Mr. Charles Webb will act as representatives for the petitioners and in particular the Village Lane residents whose concern in this matter is the greatest. If this petition is found to be lacking in weight or substance or insufficient to support a denial of the permit to construct an additional ingress or egress to Village Lane, you are asked to advise Mr. Lukeman or Mr. Webb so that the petitioners can take any further action needed. Cyril K. Lukeman Charles E. Webb PETITION We the undersigned residents of the hamlet of Orient, Town of Southold, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egress to the subdivision owned by William Schreiver to Village Lane because: (1) There is another, far less trafficked road with zero population that is as available onto which access to the dev- elopment can be secured. (2) Village Lane, Orient's heavily trafficked main thorough- fare is narrow, congested and its environs has a large popu- lation of children. Town traffic ordinances allows only west side of the street parking in the area of the subdivision. Permitting the opening of a road connecting the subdivision with Village Lane will create a greater congestion problem, but will endanger the lives of the many children in the area. (3) The residents of Village Lane should not be asked to bear the ~necessary increase in the noise level inherent with an increase in traffic. We ask the Town not to permit the construction of any road Planning Bo~d -13- _Jgune 24, 1974 that will serve as an ingress and or egress to Village Lane. There were 170 names signed to the petition and it was placed in Mr. Schreiver' s file. Mr. Moisa temporarily chaired the meeting at this point. On motion made by Mr. Ray-nor, seconded by Mr. Wickham, it was RESOLVED that whereas a recordable instrument duly executed has been presented to the Southold Town Planning Board containing covenants and restrictions approved by the Town Attorney, the Southold Town Planning Board under instruction from the Town Attorney approves the minor subdivision of Laurie Properties owned by Robert ~asola at Orient, New York, map dated April 26, 1974. Vote of the Board: Ayes: Wickham, Rap-nor, Grebe. Abstained: Moisa On motion made by Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the site plan of Adeline Cardinale dated June 24, 1974 be disapproved as it does not comply with the 40,000 square foot ~nim~um~!Ot~eq~irement. Vote of the Board: Ayes: Wickham, Raynor, Grebe, Moisa. On motion made by Mr. Wickham, seconded by Mr. Grebe, it was RESOLVED that the minor subdivision map dated August 24, 1973 of property of Wm. Clifford and Maxine M~ing be approved subject to receipt from Van Tuyl's office of a map designating the rights of way as stated in the deed conveyance and further providing they do not conflict. Vote of the Board: Ayes: Wickham, Moisa, Grebe, Raynor. On motion made by Mr. Wickham, seconded by Mr. Raynor, it was RESOLVED that the minor subdivision map of property owned by James G. Dill at New Suffolk, New York, and dated June 18, 1974 be approved. Vote of the Board: Ayes: Wickt~am, Moi~a, Raynor, Grebe'. P1 arming Bo~d ~14- 1974 On motion made by Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that Lawrence Tuthill, P. E. be directed to prepare a bond estimate for the roads in the subdivision "Greenfields. located at Southold, New York. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Grebe. Mr. Moisa made a motion, seconded by Mr. Raynor and carried to approve the minuzes of the regular meeting of June 4, 1974. Mr. Wickham reported that he had talked with the Town Attorney and later to the supervisor to find out if the Planniug Board could employ one of its engineers to study the maps of Southold Commons. It was presented to the Town Board and the Town Board has authorized same. The secretary was directed to contact Edward Bage, P.E. On motion made by Mr. Grebe, seconded by Mr. Raynor, it was RESOLVED that the duplicate sketch maps and duplicate preliminary maps of the subdivisions Fairway Farms and Elijah Lane Estates be destroyed. Vote of the Board: Ayes: Wickham, Raynor, Moisa, Grebe. On motion made by Mr. Raynor, seconded by Mr. Grebe it was , RESOLVED that a final hearing be set on the subdivision Orient-by-the-SeA at Orient, New York; and legal notices be prepared. Vote of the Board: Ayes: Wic~am, Raynor, Moisa, Grebe. %%% On motion made by Mr. Grebe, seconded by Mr. Raynor it was , RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board an amendment zo the rules and regulations of the subdivision of land that an environmental impact study be required in any subdivision to contain fifty or more units. Vote of the Board: Ayes: Wickham, Moisa, Razor, Grebe. %%% Plarnaing Bo~d -15- - June 24, 1974 A letter was received from the Supervisor including the recommendation of the Mattituck Fire District that firewells be installed in larger subdivisions. The Board agreed with this thinking and referred to Mr. Moisa's recommendations from the Southold Town Fire Districts Officers Association as presented to the Board on January 30, 1974. The next meetings are to be held July 8 and July 22, 1974. Mr. Raynor made a motion, seconded by Mr. Wickham and carried that the meeting be adjourned. The meeting was adjourned at ll:lO p.m. Respectfully submitted, Wickham, Chairman